Kamal Ghorui
Gurgaon: Haryana Real Estate Regulatory Authority (HRera) has passed two key orders.In one case — involving DLF Corporate Greens — the authority ruled that since the project was completed prior to the Rera regime, it does not qualify as an “ongoing project” and is not required to be registered under the Act. Buyers had alleged delay in possession and raised disputes over charges.In the other — involving Emaar India Ltd — the authority reiterated that it cannot sit in appeal over its own orders or those of the appellate tribunal. There were two complainants in this case. There was a delay of around four years and eight months between the due date and actual possession.Together, the two rulings underline Rera’s approach: while it will not entertain cases beyond its statutory scope, it will also ensure that disputes already settled under the law are not reopened, reinforcing certainty and legal finality in Gurgaon’s real estate sector.While offering clarity to stakeholders, the orders reinforce both the limits of its jurisdiction and the finality of adjudicated disputes.In the first case, Rera dismissed a complaint filed by buyers in the DLF Corporate Greens project in Sector 74A, holding that the matter falls outside its jurisdiction under the Real Estate (Regulation and Development) Act. The order, dated March 12, 2026, noted that the project received its occupation certificate on June 19, 2014 — before the Haryana RERA Rules came into force in 2017.The complainants booked a commercial unit of around 1,600 sq ft in 2010 for approximately Rs 92 lakh and claimed to have paid over Rs 1 crore. They alleged delay in possession, disputed additional charges and sought interest and execution of conveyance deed.However, Rera declined jurisdiction and dismissed the complaint without examining the merits. Issues such as delay, additional charges and area calculations were not adjudicated, with the authority observing that such disputes must be pursued before appropriate forums.In a separate order dated March 25, 2026, the adjudicating officer dismissed a fresh compensation plea filed by Neeraj Kumar Sharma and Mallika Dixit against Emaar India Ltd, citing that the dispute had already attained finality. The complainants booked a flat in Emaar Palm Gardens, Sector 83, in Nov 2011, with possession due by March 2016. However, actual possession was handed over in Nov 2020 after rectification of defects. Earlier, Rera directed the developer in Jan 2020 to pay delay compensation at 10.20% per annum, a decision upheld by the appellate tribunal in April 2022. The authority recorded that the buyers had already received over Rs 38 lakh as delay possession compensation. Rejecting the fresh plea, the adjudicating officer observed that “the reliefs claimed amount to reopening an already concluded dispute… which has attained finality.” Additional claims including compensation for delay in construction, alleged reduction in carpet area, delay in conveyance deed, extra car parking and construction deficiencies were also dismissed.
